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RES-1989-419 RESOLUTION NO. 89R-419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THE INITIAL STUDY WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND BRETON D. AND LAUREL J. ENLOE, DEVELOPER; FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT. WHEREAS, the Anaheim Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for Redevelopment Project Alpha (the "project"); and WHEREAS, in order to implement the Redevelopment Plan, as amended, the Agency proposes to sell, pursuant to the terms and conditions of a Disposition and Development Agreement, certain real property (the "Site")"described as Lot 5, together with the west half of Lot 4, Block A, of the subdivision of Vineyard Lot D-3, in the City of Anaheim, California, addressed as 302 E. Cypress Street, in the Project; and WHEREAS, BRETON D. and LAUREL J. ENLOE ("the Developer") have submitted to the Agency a written offer in the form of said Disposition and Development Agreement to purchase the Site at a fair and equitable price for uses in accordance with the Redevelopment Plan; and WHEREAS, the proposed Disposition and Development Agreement contains all the provisions, terms, conditions, and obligations required by State and local law; and WHEREAS, the Agency has determined that Developer possesses the qualifications and financial resources necessary to acquire and ensure development of the Site and Structure in accordance with the purposes and objectives of the Redevelopment Plan; and WHEREAS, pursuant to such provisions of the California Community Redevelopment Law, the Agency and the City Council of the City of Anaheim (the "City Council") held a joint public hearing on the proposed sale of the site and Structure and the proposed Disposition and Development Agreement; and WHEREAS, the Community Redevelopment Commission of the City of Anaheim has reviewed said proposed Disposition and Development Agreement and has recommended its approval by the City Council and the Agency; and - 1 - WHEREAS, the Agency has prepared a Summary setting forth the cost of the Disposition and Development Agreement to the Agency, the estimated value of the interest to be conveyed determined at the highest uses permitted under the Redevelopment Plan and the purchase price, and has made said Summary available for public inspection in accordance with the California Community Redevelopment Law; and WHEREAS, the Agency has certified the Initial Study of Environmental Impact prepared by Agency staff and has determined that sale and development of the site pursuant to the proposed Disposition and Development Agreement is in the best interest of the city and the health, safety, morals, and welfare of its residents; is in accord with the public purposes and provisions of applicable State and local law and requirements; and is necessary to effectuate the Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM, AS FOLLOWS: 1. The City Council hereby certifies the Initial Study with respect to the proposed Disposition and Development Agreement between the Agency and the Developer. 2. The City Council hereby certifies that the information contained in the Initial Study and in the Final Subsequent Environmental Impact Report for the Second Amendment to the Redevelopment Plan (the "FSEIR") with respect to the proposed Disposition and Development Agreement has been reviewed and considered by the City Council. 3. The city Council hereby finds and determines as follows: A. No substantial changes are proposed in the Redevelopment Project, or with respect to the circumstances under which the Project is to be undertaken, which will require important revisions in the FSEIR and no new information of substantial importance to the Project has become available due to the involvement of new environmental impacts not covered in said previous FSEIR; and B. No Negative Declaration, Subsequent Environmental Impact Report, or Addendum Supplement to the FSEIR is necessary or required. C. The proposed action will have no significant effect on the environment except as identified and considered in the FSEIR. 4. The City Council hereby finds and determines that the consideration for sale of the Site pursuant to said Disposition and Development Agreement is not less than fair value in accordance with covenants and conditions governing such sale. - 2 - 5. The sale of the site by the Agency to the Developer, and the Disposition and Development Agreement, which establishes the terms and conditions for the sale and development of the Site, are hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim, this 17th day of October , 1989. ATTEST: ~ CITY CLERK TK-ENLOE14 - 3 - CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-4l9 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 17th day of October, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-4l9 on the 18th day of October, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of October, 1989. ;;, (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-419 duly passed and adopted by the Anaheim City Council on October 17, 1989. a-,~ ASSISTANT CITY CLERK 0